A shoplifting charge, even as a first offense, can carry penalties that go beyond a simple fine. In Indiana, the severity of the consequences depends on factors like the value of the stolen items and whether aggravating circumstances were involved. Knowing what to expect after a theft charge can help you understand the potential outcomes and how to protect your rights.
How Indiana Classifies Shoplifting Charges
Shoplifting falls under Indiana’s general theft laws, which define theft as the unauthorized control of another person’s property with the intent to deprive them of its value. Under Indiana Code § 35-43-4-2, shoplifting is classified as a misdemeanor or felony based on the value of the stolen goods. Even a first-time offense can carry serious penalties, including fines and possible jail time.
The Difference Between Misdemeanor and Felony Shoplifting
In Indiana, shoplifting is typically charged as a Class A misdemeanor if the value of the stolen property is less than $750. A conviction can result in up to one year in jail and fines of up to $5,000. If the value exceeds $750, or if the offense involves specific items such as firearms or controlled substances, the charge may be upgraded to a Level 6 felony, carrying harsher penalties.
Penalties for a First-Time Shoplifting Conviction in Indiana
Even if this is your first criminal offense, a shoplifting conviction can lead to significant legal consequences. The severity of the penalties depends on the value of the stolen property, whether aggravating factors were present, and how the court chooses to handle sentencing. The following are potential penalties for a first-time shoplifting conviction:
- Misdemeanor shoplifting can result in fines of up to $5,000, while felony convictions may lead to higher financial penalties. The court may also require restitution payments to the store or other parties for the value of the stolen goods.
- First-time offenders may receive probation instead of jail time, requiring compliance with court-ordered conditions such as community service or theft prevention programs. Violating probation terms can result in additional penalties.
- A misdemeanor shoplifting conviction carries a maximum sentence of one year in jail. Felony charges can lead to significantly longer sentences, depending on the circumstances of the case.
When Shoplifting Charges Can Lead to Jail Time
Jail time is more likely in cases involving high-value thefts, repeat offenses, or aggravating circumstances such as shoplifting while in possession of a weapon. If the prosecution can prove that force, deception, or threats were involved, charges may be elevated, increasing the risk of incarceration. Judges may also impose jail time if you are a first-time offender who has a history of legal issues or fails to cooperate with court-ordered requirements.
Alternative Sentencing Options for First-Time Offenders
Indiana courts may offer alternative sentencing options for first-time shoplifting offenders, particularly when the offense is a misdemeanor. Some defendants may qualify for pretrial diversion programs, which allow charges to be dismissed upon successful completion of certain conditions. Courts may also order community service, theft prevention education, or probation instead of jail time.
Completing an alternative sentencing program can prevent a permanent criminal record and reduce the long-term impact of a shoplifting charge. Eligibility depends on the details of the case, including the value of the stolen items and whether the offender has prior arrests. Exploring all available legal options can help minimize penalties and avoid the long-term consequences of a criminal conviction.